Allahabad High Court
M.P. @ Mahendra Pal Singh vs State Of U.P. on 2 September, 2015
Bench: Karuna Nand Bajpayee
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44188 of 2014
Applicant :- M.P. @ Mahendra Pal Singh
Opposite Party :- State Of U.P.
Counsel for Applicant :- S.N. Yadav,A.K. Mishra
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Karuna Nand Bajpayee,J.
Counter affidavit filed today is taken on record.
This application has been filed seeking the release of the applicant on bail in Case Crime No. 751 of 2014 under Sections 376 (2) Jha, 323 I.P.C. and Section 3/4 of the Protection of Children From Sexual Offences Act, 2012. Police Station-Sirsaganj, District-Firozabad.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Perused the record.
Submission of counsel for the applicant is that actually the victim girl Km. Rubey was having some affairs with co-accused-Alok and since the applicant was the friend of Alok, he has been falsely implicated in this Case. Further submission is that the relationship of the victim girl and co-accused Alok got exposed, therefore, in order to save her face, a false case has been concocted. Further submission is that in the statement of the girl given before the Magistrate, the victim has not nominated the accused by naming anybody and there is no identification parade organized by the police, which may connect the applicant with the crime.
Learned A.G.A. has opposed the prayer for bail and has submitted that it is very much clear from the statement of the victim that three accused persons came on the motorcycle, over powered the victim and dragged her in a Bazara field and all of them by force committed rape upon her. It is also apparent from her statement that when she cried out, her father who was nearby came to the spot and tried to apprehend the accused persons and also tried to beat them but he could not over power them as a result of which all of the accused persons made their escape good. It was also stated by the victim-girl before the Magistrate that the three accused persons had come at the time when the 'lenter' was being constructed in the house of the uncle and at that point of time, she had the occasion to see the accused persons and therefore, she had told to her father that those three persons were the same persons, who had committed rape upon her. It was also submitted by the learned A.G.A. that according to the version given by the victim's father also, he had no difficulty in identifying the three accused persons including the applicant and he has nominated all the three accused persons in the F.I.R. Submission is that as the three accused persons had already come to the village and therefore, the victim and her father had ample opportunity to see and know them and it is very natural that the father being the male person, who is much more actively involved in the society recognised them and therefore, there is nothing unnatural or improbable as to how and why the father of the victim could know the applicant and could identify them. It was specifically stated by the first informant (father) that when he reached at the place of occurrence, the clothes of the girl were torn and the father of the victim had also grappled with one of co-accused Alok but they could not be apprehended. Submission is that, therefore, the omission of the name of the present applicant in the statement of victim recorded under Section 164 Cr.P.C. is of no consequence at all and there is no ambiguity in the identity of the accused persons. Submission is that actually, it is a case of gang rape and there is no reason for this Court to take liberal view in the matter.
Looking to the nature of offence, its gravity and the evidence in support of it and the overall circumstances of this case, this Court is of the view that the applicant has not made out a case for bail. Therefore, the prayer for bail of the applicant is rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
However, it is expected that the trial court shall make every sincere endeavour to expedite the proceedings of the trial and conclude the same at the earliest.
Order Date :- 2.9.2015
YK
